DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boonah District Kindergarten Association Incorporated T/A Boonah District Kindergarten
(AG2019/598)

BOONAH & DISTRICT KINDERGARTEN ASSOCIATION EARLY CHILDHOOD ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER LEE	MELBOURNE, 14 MAY 2019

Application for approval of the Boonah & District Kindergarten Association Early Childhood Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boonah & District Kindergarten Association Early Childhood Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boonah District Kindergarten Association Incorporated T/A Boonah District Kindergarten. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Boonah District Kindergarten Association Incorporated, trading as Boonah District Kindergarten, applied for approval of the Boonah & District Kindergarten Association Early Childhood Enterprise Agreement 2018. The application was heard in the Fair Work Commission, with the decision delivered by Commissioner O'Rourke on 30 June 2020. The dispute centred around the terms and conditions of employment for the staff at the kindergarten, particularly those who were employed on a part-time basis. The association argued that the agreement was necessary to ensure the continued operation of the kindergarten and to provide fair and reasonable terms for its employees.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms of employment and whether it was appropriately certified as a simple, low-risk, or certified agreement. The Commission also had to consider whether the agreement complied with the relevant provisions of the Act, including those relating to minimum wages, penalty rates, and leave entitlements.

In reaching its decision, the Commission noted that the proposed agreement had been certified by the relevant union as meeting the criteria for a simple agreement. The Commission examined the agreement in detail, considering the terms and conditions proposed for part-time employees, and found that they were fair and reasonable. The Commission was satisfied that the agreement provided for appropriate minimum wages, penalty rates, and leave entitlements, and that it complied with the requirements of the Act. The Commission approved the proposed agreement, finding that it met all necessary criteria and was in the best interests of both the Boonah District Kindergarten Association and its employees.

The final orders of the Commission were that the Boonah & District Kindergarten Association Early Childhood Enterprise Agreement 2018 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision and would remain in effect until 30 June 2023, or until terminated or varied in accordance with the Act. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to both the Boonah District Kindergarten Association and the relevant union.

Boonah District Kindergarten Association Incorporated T/A Boonah District Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established